BILL NUMBER: AB 2240	CHAPTERED  09/05/00

	CHAPTER   293
	FILED WITH SECRETARY OF STATE   SEPTEMBER 5, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 1, 2000
	PASSED THE SENATE   AUGUST 18, 2000
	PASSED THE ASSEMBLY   MAY 30, 2000
	AMENDED IN ASSEMBLY   MAY 16, 2000
	AMENDED IN ASSEMBLY   MAY 1, 2000

INTRODUCED BY   Assembly Member Bates

                        FEBRUARY 24, 2000

   An act to amend Section 4070 of, and to add Section 4071.1 to, the
Business and Professions Code, and to add Section 11164.5 to the
Health and Safety Code, relating to prescriptions.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2240, Bates.  Prescriptions:  electronic transmission.
   The Controlled Substances Act regulates, among other matters, the
dispensing by prescription of controlled substances, which are
classified into schedules, and the Pharmacy Law regulates, among
other matters, the dispensing by prescription of dangerous devices
and dangerous drugs, which also include controlled substances.
Existing law authorizes the electronic transmission of prescriptions
for dangerous devices and dangerous drugs, other than those for a
Schedule II controlled substance, which includes cocaine, opiates,
and other designated substances, and requires that the prescription
be reduced to writing as soon as practicable.  Under existing law,
the violation of these provisions is a crime.
   This bill would provide that a pharmacy receiving an electronic
transmission prescription is not required to reduce the prescription
to writing or to hard copy form as long as the pharmacy is able to
immediately produce a specified hard copy upon request.
   The bill would require systems within the pharmacy's computer
system to prohibit any changes to or deletions of information stored
solely in electronic form unless a correction is made by or with the
approval of a pharmacist.
   This bill would also authorize prescribers, prescribers' agents,
and pharmacists to electronically enter prescriptions and orders, as
defined, into a pharmacy's or hospital's computer from an outside
location, if permitted by the pharmacy or hospital.
   This bill would authorize, with the approval of the California
State Board of Pharmacy and the Department of Justice, a pharmacy or
hospital to receive electronic data transmission prescriptions and
computer entry prescriptions or orders, as described in paragraph
(2), for controlled substances in Schedule II, III, IV, or V, if
authorized by federal law and in accordance with regulations
promulgated by the Drug Enforcement Administration.  This bill would
also provide that the provisions of paragraph (1) are applicable,
upon approval by the board and the department, to the recordation of
these prescriptions and orders received by a pharmacy or a hospital.

   Because the acts authorized by this bill are subject to specified
requirements, the violation of which would constitute a crime, this
bill would impose a state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  It is the intention of the Legislature that pharmacies
in this state have the ability to adopt new technologies involving
the electronic transmission of prescriptions to reduce the occurrence
of dispensing errors and to improve service to Californians.  Errors
in the dispensing of controlled substances pose the greatest
potential of harm to patients.  It is the intention of the
Legislature that the California State Board of Pharmacy and the
Department of Justice allow pharmacies to utilize new technologies to
electronically transmit data prescriptions for controlled substances
that may reduce the risk of prescription errors as soon as possible
after federal law permits this practice, provided that the board and
the Attorney General find there is no substantial risk of the
diversion of controlled substances by the use of electronic data
transmission prescriptions for these substances.
  SEC. 2.  Section 4070 of the Business and Professions Code is
amended to read:
   4070.  (a) Except as provided in Section 4019 and subdivision (b),
an oral or an electronic data transmission prescription as defined
in subdivision (c) of Section 4040 shall as soon as practicable be
reduced to writing by the pharmacist and shall be filled by, or under
the direction of, the pharmacist.  The pharmacist need not reduce to
writing the address, telephone number, license classification,
federal registry number of the prescriber or the address of the
patient or patients if the information is readily retrievable in the
pharmacy.
   (b) A pharmacy receiving an electronic transmission prescription
shall not be required to reduce that prescription to writing or to
hard copy form if, for three years from the last date of furnishing
pursuant to that prescription or order, the pharmacy is able, upon
request by the board, to immediately produce a hard copy report that
includes for each date of dispensing of a dangerous drug or dangerous
device pursuant to that prescription or order: (1) all of the
information described in subparagraphs (A) to (E), inclusive, of
paragraph (1) of subdivision (a) of Section 4040, and (2) the name or
identifier of the pharmacist who dispensed the dangerous drug or
dangerous device.  This subdivision shall not apply to prescriptions
for controlled substances classified in Schedule II, III, IV, or V,
except as permitted pursuant to Section 11164.5 of the Health and
Safety Code.
   (c) If only recorded and stored electronically, on magnetic media,
or in any other computerized form, the pharmacy's computer system
shall not permit the received information or the dangerous drug or
dangerous device dispensing information required by this section to
be changed, obliterated, destroyed, or disposed of, for the record
maintenance period required by law once the information has been
received by the pharmacy and once the dangerous drug or dangerous
device has been dispensed.  Once a dangerous drug or dangerous device
has been dispensed, if the previously created record is determined
to be incorrect, a correcting addition may be made only by or with
the approval of a pharmacist.  After a pharmacist enters the change
or enters his or her approval of the change into the computer, the
resulting record shall include the correcting addition and the date
it was made to the record, the identity of the person or pharmacist
making the correction, and the identity of the pharmacist approving
the correction.
   (d) Nothing in this section shall impair the requirement to have
an electronically transmitted prescription transmitted only to the
pharmacy of the patient's choice or to have a written prescription.
This requirement shall not apply to orders for medications to be
administered in an acute care hospital.
  SEC. 3.  Section 4071.1 is added to the Business and Professions
Code, to read:
   4071.1.  (a) A prescriber, a prescriber's authorized agent, or a
pharmacist may electronically enter a prescription or an order, as
defined in Section 4019, into a pharmacy's or hospital's computer
from any location outside of the pharmacy or hospital with the
permission of the pharmacy or hospital.  For purposes of this
section, a "prescriber's authorized agent" is a person licensed or
registered under Division 2 (commencing with Section 500).  This
subdivision shall not apply to prescriptions for controlled
substances classified in Schedule II, III, IV, or V, except as
permitted pursuant to Section 11164.5 of the Health and Safety Code.

   (b) Nothing in this section shall reduce the existing authority of
other hospital personnel to enter medication orders or prescription
orders into a hospital's computer.
   (c) No dangerous drug or dangerous device shall be dispensed
pursuant to a prescription that has been electronically entered into
a pharmacy's computer without the prior approval of a pharmacist.
  SEC. 4.  Section 11164.5 is added to the Health and Safety Code, to
read:
   11164.5.  (a) Notwithstanding Section 11164, with the approval of
the California State Board of Pharmacy and the Department of Justice,
a pharmacy or hospital may receive electronic data transmission
prescriptions or computer entry prescriptions or orders as specified
in Section 4071.1 of the Business and Professions Code, for
controlled substances in Schedule II, III, IV, or V if authorized by
federal law and in accordance with regulations promulgated by the
Drug Enforcement Administration.  The California State Board of
Pharmacy shall maintain a list of all requests and approvals granted
pursuant to this subdivision.
   (b) Notwithstanding Section 11164, if approved pursuant to
subdivision (a), a pharmacy or hospital receiving an electronic
transmission prescription or a computer entry prescription or order
for a controlled substance classified in Schedule II, III, IV, or V
shall not be required to reduce that prescription or order to writing
or to hard copy form, if for three years from the last day of
dispensing that prescription, the pharmacy or hospital is able, upon
request of the board or the Department of Justice, to immediately
produce a hard copy report that includes for each date of dispensing
of a controlled substance in Schedules II, III, IV, and V pursuant to
the prescription all of the information described in subparagraphs
(A) to (E), inclusive, of paragraph (1) of subdivision (a) of Section
4040 of the Business and Professions Code and the name or identifier
of the pharmacist who dispensed the controlled substance.
   (c) Notwithstanding Section 11164, if only recorded and stored
electronically, on magnetic media, or in any other computerized form,
the pharmacy's or hospital's computer system shall not permit the
received information or the controlled substance dispensing
information required by this section to be changed, obliterated,
destroyed, or disposed of, for the record maintenance period required
by law, once the information has been received by the pharmacy or
the hospital and once the controlled substance has been dispensed,
respectively.  Once the controlled substance has been dispensed, if
the previously created record is determined to be incorrect, a
correcting addition may be made only by or with the approval of a
pharmacist.  After a pharmacist enters the change or enters his or
her approval of the change into the computer, the resulting record
shall include the correcting addition and the date it was made to the
record, the identity of the person or pharmacist making the
correction, and the identity of the pharmacist approving the
correction.
   (d) Nothing in this section shall be construed to exempt any
pharmacy or hospital dispensing Schedule II controlled substances
pursuant to electronic transmission prescriptions from existing
reporting requirements.
  SEC. 5.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
